Importance of properly requesting attorney fees on appeal

In Ervin v. Florida DOR,  the First DCA  Denied fees Appellate Attorney fees.  The Court held

Finally, we note that Appellant requested attorney’s fees within a paragraph contained in his amended initial brief. Attorney’s fees must be requested by filing a separate motion. See Fla. R. App. P. 9.400(b); see also McCreary v. Fla. Residential Prop. & Cas. Joint Underwriting Ass’n, 758 So. 2d 692, 696 (Fla. 4th DCA 1999). Accordingly, Appellant’s request for attorney’s fees is denied.

Highlights the importance of a simple but proper request for fees.

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